ASSISTANT EXECUTIVE ENGINEER Vs. P ALAMELU (DECEASED)

JUDGEMENT

(1.) The order dated 26 February 2002 directing the deceased P.Alamelu, the original writ petitioner, to pay the demand on account of unauthorised extraction of energy was quashed by the Writ Court on the ground that she cannot be considered to be a consumer on account of theft of energy by the occupier of the building. Feeling aggrieved, the appellants have come up with this intra court appeal.

(2.) The deceased P.Alamelu, owned immovable property in T.S.Nos.66, 67, 35, 50 and 51 in Pallapatty Village, Salem Taluk. She was given electricity Service Connection bearing Nos.776, 348, 5 and 1154. There was another Service Connection bearing No.332 in the name of her husband, the first respondent herein. The property in respect of the Service Connection in S.C.No.332 belongs to the deceased P.Alamelu, who is none other than the wife of the first respondent. The premises in respect of S.C.No.332 was in the possession of one Ravichandran, a tenant. The Electricity Department, disconnected the supply on account of tampering with the electric meter.

(3.) The deceased P.Alamelu through her application dated 11 July 2002 requested the Assistant Executive Engineer, Shevapet Sub-Division, Salem, to permit her son to start a polythene factory by making use of the Service Connection bearing No.5. The request was not favourably considered. The appellants initiated action against the deceased on account of unauthorised extraction of energy from S.C.No.5. The appellants assessed the compensation charges at Rs.2,93,828/-. Since the amount was not paid, service connection was disconnected. The said order was challenged in the writ petition in W.P.No.22997 of 2002.